| (a) A person may obtain a multiple plant permit for
existing facilities subject to Texas Clean Air Act (TCAA), §382.0518
or §382.0519 at multiple plant sites that are owned or operated
by the same person or persons under common control if:
(1) the aggregate rate of emission of air contaminants
to be authorized under the permit does not exceed the total of the
rates authorized in the existing permits (for previously permitted
facilities); and
(2) the emissions from the facilities will not contravene
the intent of the TCAA, including protection of the public's health
and physical property.
(b) A permit issued under this subchapter may not authorize
emissions from any facility that exceeds that facility's highest historic
annual rate, if the facility is grandfathered, or the levels authorized
in the facility's most recent permit, if the facility is permitted.
The highest historic annual rate would be determined by either of
the following:
(1) using data that shows the maximum annual emission
rate at which the emission unit actually operated and emitted prior
to September 1, 1971 for 12 consecutive months, including any increases
authorized by a permit by rule; or
(2) using data related to emissions (e.g., production,
fuel firing, throughput, sulfur content, etc.) as appropriate, which
are selected by the applicant and agreed upon by the executive director,
to reasonably approximate the actual annual emission rate from any
operational year.
(c) Emissions control equipment previously installed
at a facility permitted under this chapter may not be removed or disabled
unless the action is undertaken to maintain or upgrade the control
equipment or to otherwise reduce the impact of emissions authorized
by the commission.
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